QUINN v. CITY UNIVERSITY OF NEW YORK


43 A.D.3d 679 (2007)

841 N.Y.S.2d 306

GERALD QUINN, Appellant-Respondent, v. CITY UNIVERSITY OF NEW YORK, Respondent-Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided September 13, 2007.


Court of Claims improvidently exercised its discretion in precluding defendant from offering any evidence at trial on the condition of the chair, the collapse of which caused claimant's injuries. Defendant preserved the chair following claimant's accident in September 2000, permitting claimant to photograph the chair shortly after the accident and making the chair available to the parties in a related action in Supreme Court commenced by claimant against the manufacturer...

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